do-me/EUR-LEX huggingface dataset:
Case T-76/13: Judgment of the General Court of 12 February 2015 — Compagnie des montres Longines, Francillon v OHIM — Staccata (QUARTODIMIGLIO QM) (Community trade mark — Opposition proceedings — Application for the Community figurative mark QUARTODIMIGLIO QM — Earlier Community and international figurative marks representing two extended wings and earlier international figurative marks LONGINES — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No damage to reputation — Article 8(5) of Regulation No 207/2009)
Date: 2015-02-12
Institutions: General Court
Subjects: EU trade mark, clock and watch industry, registered trade mark, trade-mark law








C_2015107EN.01002501.xml










30.3.2015   


EN


Official Journal of the European Union


C 107/25






Judgment of the General Court of 12 February 2015 — Compagnie des montres Longines, Francillon v OHIM — Staccata (QUARTODIMIGLIO QM)
(Case T-76/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark QUARTODIMIGLIO QM - Earlier Community and international figurative marks representing two extended wings and earlier international figurative marks LONGINES - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - No damage to reputation - Article 8(5) of Regulation No 207/2009))
(2015/C 107/32)
Language of the case: English

Parties


Applicant: Compagnie des montres Longines, Francillon SA (Saint-Imier, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Staccata Srl (Como, Italy)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 26 November 2012 (Case R 62/2012-5), relating to opposition proceedings between Compagnie des montres Longines, Francillon SA and Staccata Srl.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Compagnie des montres Longines, Francillon SA, to pay the costs.






(1)  OJ C 108, 13.4.2013.
Case C-67/15: Request for a preliminary ruling from the Tribunale Amministrativo per la Sardegna (Italy) lodged on 12 February 2015 — Mario Melis and Others v Comune di Loiri Porto San Paolo, Provincia di Olbia Tempio
Date: 2015-02-12
Institutions: Court of Justice
Subjects: EU law - national law, control of restrictive practices, equal treatment, interpretation of the law, public property, tourism








C_2015146EN.01001501.xml










4.5.2015   


EN


Official Journal of the European Union


C 146/15





Request for a preliminary ruling from the Tribunale Amministrativo per la Sardegna (Italy) lodged on 12 February 2015 — Mario Melis and Others v Comune di Loiri Porto San Paolo, Provincia di Olbia Tempio
(Case C-67/15)
(2015/C 146/23)
Language of the case: Italian

Referring court

Tribunale Amministrativo per la Sardegna

Parties to the main proceedings


Applicants: Mario Melis, Tavolara Beach Sas, Dionigi Piredda, Claudio Del Giudice for Sib Gallura

Defendants: Comune di Loiri Porto San Paolo, Provincia di Olbia Tempio

Questions referred







1.


Do the principles of freedom of establishment, non-discrimination and safeguarding competition, as laid down, respectively, in Articles 49 TFEU, 56 TFEU and 106 TFEU, preclude national legislation under which the period of validity of concessions of economically significant State-owned maritime property is repeatedly extended through a succession of legislative acts?










2.


Does Article 12 of Directive 2006/123 (1) preclude a national provision, such as Article 1(18) of Decree Law No 194 of 30 December 2009, converted into law by Law No 25 of 26 February 2010, as amended and supplemented, which permits the automatic extension of existing concessions of State-owned maritime property for tourist and leisure-oriented business activities to 31 December 2015, or to 31 December 2020, pursuant to Article 34k of Decree Law No 179 of 18 October 2012, inserted by Article 1(1) of Law No 221 of 17 December 2012 converting the aforesaid decree law into law?






(1)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).
Case T-453/13: Judgment of the General Court of 12 February 2015 — Klaes v OHIM — Klaes Kunststoffe (Klaes) (Community trade mark — Opposition proceedings — Application for Community word mark Klaes — Prior Community figurative mark Klaes — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-02-12
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2015107EN.01002602.xml










30.3.2015   


EN


Official Journal of the European Union


C 107/26






Judgment of the General Court of 12 February 2015 — Klaes v OHIM — Klaes Kunststoffe (Klaes)
(Case T-453/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark Klaes - Prior Community figurative mark Klaes - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 107/35)
Language of the case: German

Parties


Applicant: Horst Klaes GmbH & Co. KG (Bad Neuenahr-Ahrweiler, Germany) (represented by: B. Dix, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Klaes Kunststoffe GmbH (Neuenrade, Germany) (represented initially by: J. Schneider, and subsequently by: S. Schweyer, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 June 2013 (Case R 1206/2012-1) concerning opposition proceedings between Horst Klaes GmbH & Co. KG and Klaes Kunststoffe GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Horst Klaes GmbH & Co. KG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);










3.


Orders Klaes Kunststoffe GmbH to bear its own costs.






(1)  OJ C 313, 26.10.2013.
Case C-349/13: Judgment of the Court (Tenth Chamber) of 12 February 2015 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Oil Trading Poland sp. z o.o. (Reference for a preliminary ruling — Excise duties — Directives 92/12/EEC and 2008/118/EC — Scope — Mineral oils and energy products — Lubricating oils intended for use other than as motor or heating fuel — Exclusion — Excise duty levied on the consumption of energy products, imposed by a Member State in accordance with the rules of the harmonised tax system — Notion of ‘formalities connected with the crossing of frontiers’  — Article 110 TFEU — Deadline for payment shorter in certain cases for intracommunity purchases than for products acquired on the national market)
Date: 2015-02-12
Institutions: Court of Justice
Subjects: administrative formalities, border control, energy-generating product, excise duty, lubricants, mineral oil








C_2015118EN.01000402.xml










13.4.2015   


EN


Official Journal of the European Union


C 118/4





Judgment of the Court (Tenth Chamber) of 12 February 2015 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Oil Trading Poland sp. z o.o.
(Case C-349/13) (1)

((Reference for a preliminary ruling - Excise duties - Directives 92/12/EEC and 2008/118/EC - Scope - Mineral oils and energy products - Lubricating oils intended for use other than as motor or heating fuel - Exclusion - Excise duty levied on the consumption of energy products, imposed by a Member State in accordance with the rules of the harmonised tax system - Notion of ‘formalities connected with the crossing of frontiers’ - Article 110 TFEU - Deadline for payment shorter in certain cases for intracommunity purchases than for products acquired on the national market))
(2015/C 118/06)
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Applicant: Minister Finansów

Defendant: Oil Trading Poland sp. z o.o.

Operative part of the judgment

Article 3(3) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Article 1(3) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12 must be interpreted as not precluding products not falling within the scope of those directives, such as lubricating oils intended for use other than as motor or heating fuel, being subject to a tax governed by rules identical to those of the harmonised tax system covered by those directives, since the fact of making those products subject to that tax does not entail any formalities connected with the crossing of frontiers in the context of trade between Member States.


(1)  OJ C 274, 21.9.2013.
Case C-65/15: Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 12 February 2015 — Criminal proceedings against Vito Santoro
Date: 2015-02-12
Institutions: Court of Justice
Subjects: Italy, equal treatment, freedom to provide services, right of establishment, service concession








C_2015138EN.01003801.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/38





Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 12 February 2015 — Criminal proceedings against Vito Santoro
(Case C-65/15)
(2015/C 138/51)
Language of the case: Italian

Referring court

Tribunale di Bari

Party to the main proceedings

Vito Santoro

Questions referred







1.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in [that] judgment of the Court of Justice […], to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?










3.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in [that] judgment of the Court of Justice […], to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence?
Case C-374/14 P: Order of the Court (Tenth Chamber) of 12 February 2015 — Walcher Meßtechnik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Rules of Procedure of the Court — Article 181 — Community trade mark — Application for Community word mark HIPERDRIVE — Absolute grounds for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c) — General principle of equal treatment)
Date: 2015-02-12
Institutions: Court of Justice
Subjects: EU trade mark, electric machinery, equal treatment, registered trade mark, trade-mark law








C_2015146EN.01001201.xml










4.5.2015   


EN


Official Journal of the European Union


C 146/12





Order of the Court (Tenth Chamber) of 12 February 2015 — Walcher Meßtechnik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case C-374/14 P) (1)

((Appeal - Rules of Procedure of the Court - Article 181 - Community trade mark - Application for Community word mark HIPERDRIVE - Absolute grounds for refusal - Descriptive character - Regulation (EC) No 207/2009 - Article 7(1)(c) - General principle of equal treatment))
(2015/C 146/18)
Language of the case: German

Parties


Appellant: Walcher Meßtechnik GmbH (represented by S. Walter, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Operative part of the order







1)


The appeal is dismissed.










2)


Walcher Meßtechnik GmbH shall pay the costs.






(1)  OJ C 351, 06.10.2014.
Case C-662/13: Judgment of the Court (Ninth Chamber) of 12 February 2015 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Surgicare — Unidades de Saúde SA v Fazenda Pública (Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Deduction of input tax — Transactions constituting an abusive practice — National tax law — Special national procedure where the existence of abusive practices is suspected in the field of taxation — Principles of effectiveness and equivalence)
Date: 2015-02-12
Institutions: Court of Justice
Subjects: VAT, restriction on competition, tax relief








C_2015118EN.01000902.xml










13.4.2015   


EN


Official Journal of the European Union


C 118/9





Judgment of the Court (Ninth Chamber) of 12 February 2015 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Surgicare — Unidades de Saúde SA v Fazenda Pública
(Case C-662/13) (1)

((Reference for a preliminary ruling - VAT - Directive 2006/112/EC - Deduction of input tax - Transactions constituting an abusive practice - National tax law - Special national procedure where the existence of abusive practices is suspected in the field of taxation - Principles of effectiveness and equivalence))
(2015/C 118/12)
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicant: Surgicare — Unidades de Saúde SA

Defendant: Fazenda Pública

Operative part of the judgment

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that it does not preclude the mandatory preliminary application of a national administrative procedure, such as that laid down by Article 63 of the Code of Taxation Procedure and Proceedings (Código de Procedimento e de Processo Tributário), in the event that the revenue authorities suspect the existence of an abusive practice.


(1)  OJ C 78, 15.3.2014.
Case C-652/13: Order of the Court (Eighth Chamber) of 12 February 2015 — (request for a preliminary ruling from the Tribunale ordinario di Cagliari — Italy) — Criminal proceedings against Mirko Saba (Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality)
Date: 2015-02-12
Institutions: Court of Justice
Subjects: Italy, invitation to tender, service concession








C_2015127EN.01000301.xml










20.4.2015   


EN


Official Journal of the European Union


C 127/3





Order of the Court (Eighth Chamber) of 12 February 2015 — (request for a preliminary ruling from the Tribunale ordinario di Cagliari — Italy) — Criminal proceedings against Mirko Saba
(Case C-652/13) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure - Identical questions referred - Articles 49 TFEU and 56 TFEU - Freedom of establishment - Freedom to provide services - Games of chance - National legislation - Reorganisation of the licencing system through an alignment of licence expiry dates - New call for tenders - Licences with a shorter period than that of licences awarded in the past - Restriction - Overriding reasons of general interest - Proportionality))
(2015/C 127/03)
Language of the case: Italian

Referring court

Tribunale ordinario di Cagliari

Criminal proceedings against

Mirko Saba

Operative part of the order

Articles 49 TFEU and 56 TFEU and the principles of equal treatment and effectiveness must be interpreted as not precluding national legislation, such as that in issue in the main proceedings, which provides for the organisation of a new call for tenders relating to licences with a period of validity shorter than that of licences awarded in the past due to a reorganisation of the licencing system through an alignment of licence expiry dates.


(1)  OJ C 112, 14.4.2014.
Notification of the Spanish Government pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council ( ‘Electricity Directive’ ) concerning common rules for the internal market in electricity regarding the designation of Red Eléctrica de España S.A.U. as transmission system operator in Spain
Date: 2015-02-12
Institutions: Spain
Subjects: Spain, domestic market, electricity supply, private sector, public contract, transport network








C_2015049EN.01000601.xml










12.2.2015   


EN


Official Journal of the European Union


C 49/6





Notification of the Spanish Government pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council (‘Electricity Directive’) concerning common rules for the internal market in electricity regarding the designation of Red Eléctrica de España S.A.U. as transmission system operator in Spain
(2015/C 49/05)
Following the Spanish regulatory authority’s final decision of 20 November 2014 regarding the certification of Red Eléctrica de España S.A.U. as Ownership Unbundled Transmission System Operator (Article 9 of the Electricity Directive), Spain has notified to the Commission the official approval and designation of this company as a Transmission System Operator operating in Spain in accordance with Article 10 of the Electricity Directive of the European Parliament and the Council.
Any additional information can be obtained at the following address:





Ministry of Industry, Energy and Tourism




State Department for Energy




Directorate General for Energy Policy and Mines




Paseo de la Castellana, 160




28046 Madrid




ESPAÑA




Tel. +34 913494180




E-mail: dgpenergeticaym@minetur.es
Council Regulation (EU) 2015/229 of 12 February 2015 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran
Date: 2015-02-12
Institutions: Council of the European Union
Subjects: Iran, contract, international sanctions, petroleum product








L_2015039EN.01000101.xml










14.2.2015   


EN


Official Journal of the European Union


L 39/1








            COUNCIL REGULATION (EU) 2015/229
of 12 February 2015
         
amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,


Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (1),


Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:







(1)


Council Regulation (EU) No 267/2012 (2) gives effect to the measures provided for in Decision 2010/413/CFSP.












(2)


On 12 February 2015, the Council adopted Decision (CFSP) 2015/236 (3) amending Decision 2010/413/CFSP in order to extend, until 30 June 2015, the exemption provided for in Article 20(14) of that Decision concerning acts and transactions carried out with regard to listed entities in so far as necessary for the execution of obligations provided for in contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such obligations where the supply of Iranian crude oil and petroleum products or the proceeds derived from their supply are for the reimbursement of outstanding amounts with respect to contracts concluded before 23 January 2012 to persons or entities within the territories of Member States or under their jurisdiction, where those contracts specifically provide for such reimbursements.












(3)


That measure falls within the scope of the Treaty and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.












(4)


Regulation (EU) No 267/2012 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
In point (b) of Article 28a of Regulation (EU) No 267/2012, the words ‘until 31 December 2014’ are replaced by the words ‘until 30 June 2015’.


Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 February 2015.


For the Council


The President

E. RINKĒVIČS
            





(1)  
            OJ L 195, 27.7.2010, p. 39.

(2)  Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1).

(3)  See page 18 of this Official Journal.